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(영문) 수원지방법원 2019.08.30 2019나2831

상가관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The plaintiff is the management body of the building A, which is an aggregate building of the second floor, the fourth floor, and the second floor of the rooftop (hereinafter referred to as "the building in this case") in Yongsan-gu.

(A) On July 2008, the Defendant purchased No. 3-1-3, an underground first-story D (hereinafter “instant store”) from among the instant building, and owned the said store up to the present day and operated a sprink at the said store from before 2016 to the present day.

(Evidence Nos. 1 and 2). The Plaintiff imposed KRW 4,869,025 (hereinafter “the instant management fee”) on the instant store as the management fee from January 2016 to June 2018 (Evidence A), but the Defendant did not pay the said management fee to the Plaintiff up to the day.

[Ground of recognition] In light of the above facts without any dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, the purport of the whole pleadings, and the grounds for the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount calculated by the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the due date of delivery of a copy of the complaint of this case which the plaintiff seeks, from August 17, 2018 to the day of full payment.

The defendant's assertion that the method of calculating management expenses for the defendant's assertion is illegal. The defendant occupies and uses approximately 30 percent of the parking lot of the second floor of the above building for private use without permission, and other sectional owners occupy and use the section for common use of the above building without permission. However, the plaintiff did not take measures such as restitution and unjust enrichment claim against the above sectional owners, and the share owned by the plaintiff and some sectional owners of the above building without permission.